FREEDOM!

FREEDOM?

“Freedom” is an overused, but unappreciated word in the United States of America. As an attorney, I am familiar with the freedoms spelled out by the founding fathers in the first ten amendments to the Constitution, known to us as the “Bill of Rights.”

The Second Amendment is the one that gives us the “right to keep and bear arms.” It simply recognized a natural right. James Monroe included "the right to keep and bear arms" in a list of basic "human rights", which he proposed to be added to the Constitution. In fact, Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense, resistance to oppression, and the civic duty to act in concert in defense of the state.

Noah Webster may have put it best when he said, “Before a standing army can rule the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States.”
That is, the threat of an armed populace is the last remaining check on the tyranny that England had endured after being disarmed. George Mason argued the importance of the militia and right to bear arms by reminding his compatriots of England's efforts "to disarm the people; that it was the best and most effectual way to enslave them. . . by totally disusing and neglecting the militia." James Madison compared the federal government of the United States to the European kingdoms, saying Europe was "afraid to trust the people with arms." He assured his fellow citizens that they need never fear their government because of "the advantage of being armed...."

Patrick Henry, famous for his “give me liberty or give me death” statement, weighed in on gun rights: “Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.”

In the 2008 case of District of Columbia v. Heller the United States Supreme Court clarified that the Second Amendment addressed the individual right to possess and carry firearms.

Having seen many countries that do not allow firearms, like England, India, Australia and others, we do not realize just how blessed we are to enjoy this right. In England, possession of an unpermitted firearm is subject to a mandatory minimum of five years in prison!

Freedoms ignored will become freedoms lost.

LOSS OF A GIANT

LOSS OF A GIANT

“A Good name is rather to be chosen than great riches, and loving favor rather than silver and gold.”  Proverbs 22:1

The World is worse for the recent loss of Truett Cathy.  If you are like me, Chic-fil-A and its founder Truett Cathy are more than just a fast food restaurant or a great sandwich.  He showed that a principled man can be blessed in business while being a blessing others. When protested against, they offer free drinks to protesters. They give their employees a day of rest. They are different because Truett was different.

Some of his well-known quotes give some insight to his thinking:

“Nearly every moment of every day we have the opportunity to give something to someone else – our time, our love, our resources. I have always found more joy in giving when I did not expect anything in return.”

“I’d like to be remembered as one who kept my priorities in the right order. We live in a changing world, but we need to be reminded that the important things have not changed, and the important things will not change if we keep our priorities in proper order.”

And what is said about him may say even more:

“What impresses me most about Truett Cathy is that he has had the courage to follow his beliefs even though he’s pressured by the world to do otherwise. Even though the business world said it didn’t make sense to take Sundays off, Truett insisted on a day of rest.” -Larry Julian Author, “God Is My CEO.”

“I hope that people will learn from Truett Cathy the virtues that have brought him remarkable success in life. He has dedicated himself to service in the broadest sense, following Christian principles, not only in his personal life, but in his relations with his customers and employees.” Jimmy Carter, Former President of the United States.

The company reflects his generosity as well. Each year, $1.6 million is provided to help Chick-fil-A Team Members attend the colleges of their choice. Over the life of the program, Chick-fil-A has donated more than $30 million towards this purpose, helping more than 30,000 Team Members attend more than 500 different colleges and universities.

May your memory be a blessing.

Godspeed.

Character still matters, y’all.  

#TruettCathy

WHIPLASH: The TRUTH

WHAT IS WHIPLASH?

We all have seen the loads of fraudsters pour out of their barely-tapped vehicle grabbing their necks acting as if they are in agony, and none of us buy it. 

I also, as an injury attorney that sees crash victims every day, see another type of neck injuries from a crash: real ones. 

True, the X ray might show no fractures.  The Emergency room might release you back to work.  You may not be bleeding or have a broken bone or even a bruise. That does not mean all is well. The next day, when you cannot turn your head and cannot believe you are hurting, you have discovered “whiplash.”

Whiplash is the common term for “cervical strain” from cervical “hyper flexion and hyper extension.” It is pretty descriptive though.  Attached to the end of whip is small string that actually breaks the sound barrier, causing the loud “pop.”

Getting hit, from the front or rear, can cause your neck to snap through a similar scenario. We were not built for that when we were created naked in a garden.  Our necks are very flexible and our heads are quite heavy and pull the neck with it.

A rear end crash into your vehicle when you are sitting still is the classic case. Your are going 0 mph until your car is hit. Lets say the at-fault driver has only slowed to 30 mph when he hits your car.  Suddenly, your car goes from 0 to almost 30 mph in a spilt second. When your car moves, so will your seat, and thus your pelvis and torso. But, for just a sliver of time, your head stays still. Thus your neck is pulled backwards as your head remains in place, as your torso accelerates forward violently.   But for every action there is an equal and opposite reaction: now your head is thrown forward.

Biomechanical experts study whiplash injury using live human subjects and even corpses. Whiplash is real and often seems to heal less completely even than other injuries from crashes that have been traditionally viewed as more severe.

Be sure not to settle cases “Assuming you’ll get better.” You might not recover as quickly as you hope. You have only one year to sue in Tennessee for a car crash, and the sooner you treat the better chance of recovery you enjoy.

WHIPLASH: The TRUTH

WHAT IS WHIPLASH?

We all have seen the loads of fraudsters pour out of their barely-tapped vehicle grabbing their necks acting as if they are in agony, and none of us buy it. 

I also, as an injury attorney that sees crash victims every day, see another type of neck injuries from a crash: real ones. 

True, the X ray might show no fractures.  The Emergency room might release you back to work.  You may not be bleeding or have a broken bone or even a bruise. That does not mean all is well. The next day, when you cannot turn your head and cannot believe you are hurting, you have discovered “whiplash.”

Whiplash is the common term for “cervical strain” from cervical “hyper flexion and hyper extension.” It is pretty descriptive though.  Attached to the end of whip is small string that actually breaks the sound barrier, causing the loud “pop.”

Getting hit, from the front or rear, can cause your neck to snap through a similar scenario. We were not built for that when we were created naked in a garden.  Our necks are very flexible and our heads are quite heavy and pull the neck with it.

A rear end crash into your vehicle when you are sitting still is the classic case. Your are going 0 mph until your car is hit. Lets say the at-fault driver has only slowed to 30 mph when he hits your car.  Suddenly, your car goes from 0 to almost 30 mph in a spilt second. When your car moves, so will your seat, and thus your pelvis and torso. But, for just a sliver of time, your head stays still. Thus your neck is pulled backwards as your head remains in place, as your torso accelerates forward violently.   But for every action there is an equal and opposite reaction: now your head is thrown forward.

Biomechanical experts study whiplash injury using live human subjects and even corpses. Whiplash is real and often seems to heal less completely even than other injuries from crashes that have been traditionally viewed as more severe.

Be sure not to settle cases “Assuming you’ll get better.” You might not recover as quickly as you hope. You have only one year to sue in Tennessee for a car crash, and the sooner you treat the better chance of recovery you enjoy.

Why Practice Law in Millington, Tennessee?

Why Millington?

As an injury lawyer who practices in areas from Memphis to Covington and Ripley to Jackson, I get the question, “Why Millington?” quite a bit. Why is your office in Millington? Why not Memphis?

After all, some point out, “successful” attorneys usually have impressive high-rise offices in downtown Memphis, with sweeping views of the Mighty Mississippi River.

My views may not compare, as I am looking at Highway 51, a car wash and Millington’s only high-rise (also known as the Holiday Inn Express).  But I am content to be just where I am.  So I have no parking garages, no elevators, no gang shootings, no parking meters, no one way streets, no crowds, no panhandlers, and no angry big city folks.

But what do I have? I know Mr. Thomas that owns that hotel across the street, my dentist Kevin, and Drs. Boatwright who run a great local pharmacy. I dropped off my cleaning with Bobby this morning, and will probably say hello to Larry at the bank later this week.

It’s personal. Millington is just a welcoming place.

My Great, Great, Great Grandfather James Peel is buried at Mt. Vernon near Shelby Forest.  So roots run deep, right up through my Great Grandfather T. C. Peel being a keeper of the light on Island 40 in the River. He, my Granddaddy Chaffee Peel, and my Dad, Billy, sharecropped land on the levee in nearby Arlington. My Mother’s folks, the Griffins, raised her in nearby Rosemark. 

While my Dad’s job caused me to be raised in Southern Arkansas, I spent many a summer in this area.  Oddly, I now live right in between the homes that both my parents were raised in.

So, I could join the 3,000 or so lawyers that call Memphis home, and have an ivory tower office. Or I could build an impressive office out here.  Or, I could just be me, in my “glamorous strip mall office” and try to leave my clients and friends just a bit better than I found them.

For now, that’s plenty good enough for me.

PROTECT OUR SENIORS

SCAM ALERT

As an injury attorney, I am very unlikely to be targeted in a scam. But this is not true for my grandmother. Here are some current scams that seem to target our seniors.

Obituary mining.  In what must a new low, scammers use all the information in the obituaries to assert to the widow or widower that their newly-deceased owed them some money. Sometimes, it is alleged to be a gambling debt that might smear the reputation of the beloved deceased. They hope that the confused and grieving widow might pay the “debt” to avoid embarrassment or a public lawsuit.

Phone calls. Due to charming old-fashioned thoughts of courtesy, and loneliness, seniors make many more purchases over the phone than other age groups.

The worst thing, is that if you fall for one of these, you get added to the unflattering database known as the “sucker list.”  Sometimes, new fakers then even call and offer to get the money back from the old fakers! They often use embarrassment as a weapon.  If you feel you are getting scammed, do not be ashamed in front of your kids or grandkids. Let them help you.

Sometimes, the phone calls allege a relative is in trouble and takes advantage of the willingness of the victim to help. Often, charity scams target the elderly.

It has been widely reported that over 90% elder abuse is committed by a senior adult’s own family members like children, grandchildren, nieces and nephews.

The Nigerian scam, in one form or another, has it hit our seniors hard. And no, you did not win the Canadian lottery. Sometimes, seniors will actually receive a real check that they then write “tax money” or “fees” from to the lottery. Days later the original check bounces and they have your money.

Be careful out there.